Recent Federal Developments for March 2026 – Update from Bergeson & Campbell, P.C.
Recent Federal Developments
March 16, 2026
“TSCA CBI Re-substantiation: When, Why, and How to Prepare,” April 9, 2026, 11:00 a.m. – 12:00 p.m. (EDT), via webinar
The Toxic Substances Control Act (TSCA) provides critical protections for commercially sensitive information related to a company’s business, processes, and chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments included a ten-year cap on many confidential business information (CBI) claims, absent a U.S. Environmental Protection Agency (EPA)-approved extension request. As a result, these CBI claims will begin to expire on a rolling basis in June 2026 unless further reasserted and re-substantiated.
Bergeson & Campbell, P.C. (B&C®) is pleased to present “TSCA CBI Re-substantiation: When, Why, and How to Prepare,” a complimentary webinar covering how EPA intends to provide the statutorily required notices of expiring CBI claims; the systems, processes, and criteria to request an extension; and the practical steps companies should be taking now to prepare. Registration is open now.
“PFAS in consumer products: a multi-state compliance guide,” April 14, 2026, 11:00 a.m. – 12:00 p.m. (EDT), via webinar
B&C is pleased to present “PFAS in consumer products: a multi-state compliance guide,” a complimentary Lexology Masterclass focused on analyzing per- and polyfluoroalkyl substances (PFAS) reporting frameworks at the federal and state level, as well as state notification, restriction, and prohibition requirements. Lynn L. Bergeson, Managing Partner, B&C; Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist, B&C; and Carla N. Hutton, Senior Regulatory Analyst, B&C, will review jurisdictional divergence in PFAS regulation to better navigate emerging PFAS initiatives so that participants can integrate more holistically divergent governance standards to anticipate and avoid market access limitations. Registration is open now.
Richard E. Engler, Ph.D., To Speak On The Evolving Landscape Of Federal Rulemaking At The ABA SEER 55th Spring Conference
The ABA SEER Spring Conference, planned for April 22-24, 2026,in Minneapolis, MN, provides dynamic insights and forward-thinking dialogue on the present and future of environmental, energy, and resources law and regulation. Richard E. Engler, Ph.D., will participate in the “But, wait, there’s less! Science in Rulemaking: Navigating Challenges and Innovations” panel on April 23, 2026. This panel will explore the current state of science and technology in federal rulemaking, focusing on the impact of recent cuts and reassignments of agency scientists.
Lynn L. Bergeson Named An “Expert of the Year” By The Alliance For Chemical Distribution
B&C is pleased to announce that Lynn L. Bergeson, Managing Partner, B&C, and President, The Acta Group (Acta®) and B&C Consortia Management, L.L.C. (BCCM), has been named an “Expert of the Year” by the Alliance for Chemical Distribution (ACD). The professionals chosen for recognition were selected by an invitation to all ACD members to nominate those who exemplify the very highest standards and community spirit in ACD’s pillars of Advocacy, Connection, Education, and Standards. Read more in ACD’s Chemicals in Motion magazine.
EPA Extends Postponement Of Effective Date Of Certain Provisions Of Final TCE Risk Management Rule
On February 18, 2026, EPA further postponed the effective date of certain regulatory provisions of the final risk management rule for trichloroethylene (TCE) issued under TSCA. 91 Fed. Reg. 7401. Specifically, the 90-day postponement applies to the conditions imposed on the uses with TSCA Section 6(g) exemptions. EPA’s December 17, 2024, final rule prohibits all uses of TCE, most of which were prohibited by September 15, 2025, including TCE manufacturing and processing for most commercial uses and all consumer products. EPA has received multiple petitions for review of the final rule. EPA notes that it previously delayed the effective date of the requirements imposed on each of the TSCA Section 6(g) exemptions in the final TCE rule until February 17, 2026, and is now further postponing the effective date of these requirements until May 18, 2026.
EPA Proposes To Review NOI Service Requirements For Citizen Suits
On February 24, 2026, EPA proposed to amend its regulations prescribing the manner in which prior notice of citizen suits is to be provided as required under the citizen suit provisions of the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Noise Control Act (NCA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and TSCA. 91 Fed. Reg. 8810. EPA states that the proposed rulemaking would generally require electronic service to EPA of Notices of Intent (NOI) to file a citizen suit under the listed environmental statutes. EPA states that the existing regulations that prescribe the manner in which NOIs must be served upon EPA require service by mail. The proposed amendments to the rules would require electronic service to the Administrator, as well as the relevant Regional Administrator, if applicable. For situations where electronic service is impracticable, however, the proposed amendments to the rules would allow service of NOIs to be accomplished via certified mail accompanied by an explanation as to why electronic service is impracticable. Comments are due March 26, 2026.
EPA Adds Certain PFAS To TRI Beginning With Reporting Year 2026
EPA issued a final rule on February 27, 2026, updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 91 Fed. Reg. 9728. Specifically, the rule updates the regulations to identify one perfluoroalkyl substance, sodium perfluorohexanesulfonate (PFHxS-Na), that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY 2020 NDAA) enacted on December 20, 2019. EPA’s February 23, 2026, press release states that the first reporting period began January 1, 2026, and the first reports will be due to EPA by July 1, 2027. EPA notes that because PFHxS-Na is classified as a chemical of special concern, it is subject to a lower reporting threshold of 100 pounds. According to the final rule, “[a]s this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary.” The final rule will be effective March 30, 2026.
Democratic Senator Seeks Information On “Chemical Industry Insiders Taking Over” OCSPP
On March 5, 2026, Senator Jeff Merkley (D-OR), Ranking Member of the Senate Environment and Public Works (EPW) Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight sent an oversight letter to EPA Administrator Lee Zeldin “following reports of former chemical industry lobbyists filling key positions” at EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP). Merkley requests responses to the following requests for information and documents no later than March 31, 2026:
- What specific steps has EPA taken to prevent undue influence on chemical reviews and regulatory decisions following the appointment of four former chemical-industry lobbyists to leadership roles within OCSPP?
- Please provide the steps EPA has taken or plans to take to prevent undue influence on chemical reviews and regulatory decisions for formaldehyde, vinyl chloride, and 1,3-butadiene.
- Besides each official’s ethics agreements, explain how EPA interprets ethics guidelines addressing the appearance of a lack of impartiality in agency decision-making and why EPA has concluded that no impartiality issues were presented in the instances described in the above letter?
- Please provide all documents reflecting EPA’s applications of ethics guidelines to these two cases on dicamba and formaldehyde.
- Please provide the official calendars of top leadership officials at OCSPP, including Douglas Troutman, Nancy Beck, Lynn Ann Dekleva, and Kyle Kunkler.
- Why did EPA replace dicamba restrictions proposed by pesticide manufacturers with weaker measures advanced by the American Soybean Association, and why did EPA not ensure this decision was free from industry influence after a former Association lobbyist assumed leadership of the pesticide office?
- Provide a list of any pesticide currently under review that is a PFAS, including any pesticide with a single fluorinated alkyl carbon.
- Who ordered the suspension of the Pesticide Program Dialogue Committee, and does EPA plan to reestablish the Committee in a manner that allows meaningful public participation?
- Please provide a copy of any nondisclosure agreements, confidentiality agreements, or similar documents that EPA staff have signed in relation to the International Agency for Research on Cancer’s (IARC) finding that atrazine is probably carcinogenic to humans.
- Yes or no, does EPA concur with scientific evidence that atrazine is probably carcinogenic to humans?
- Provide a copy of the “MAHA Petition 1-pager” presented to Administrator Zeldin in February of 2025.
- Please describe the factors EPA is considering as it prepares the final TSCA risk evaluation framework rule (40 C.F.R. Part 702) and how the proposal meets or fails to meet the goals described in May 2025’s Make America Healthy Again (MAHA) report.
- Please describe the steps that EPA will take to consider cumulative exposures to chemicals, a priority described in the May 2025 MAHA report.
- Please provide a copy of EPA’s response to the Children’s Health Protection Advisory Committee’s November 4, 2025, letter regarding the impact that plastics have on children’s health.
- Please provide a description of any plans that EPA has to mitigate financial conflicts of interest from scientific advisory committees.
RCRA/CERCLA/CWA/CAA/PHMSA/SDWA
EPA Proposes To Amend RMP Regulations
EPA proposed on February 24, 2026, to amend its Risk Management Program (RMP) regulations by making several proposed changes to the 2024 Safer Communities by Chemical Accident Prevention (SCCAP) rule. 91 Fed. Reg. 8970. The proposed revisions include changes to provisions relating to safer technology and alternatives analyses, information availability, third-party audits, employee participation, community and emergency responder notification, stationary source siting, natural hazards, power loss, declined recommendations documentation, emergency response exercises, process safety information (PSI) and recognized and generally accepted good engineering practices (RAGAGEP), deregistration form information collection, hot work permit retention, and the retail facility definition. EPA states that the proposed amendments seek to improve chemical process safety by avoiding duplicative requirements, realigning RMP requirements with Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) requirements, and eliminating unnecessary burdens placed on facilities where there is not specific data available to show that the current RMP standards would reduce or have reduced the number of accidental releases. Comments are due April 10, 2026. EPA notes that comments on the information collection provisions of the proposed rule under the Paperwork Reduction Act (PRA) must be received by the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) by March 26, 2026.
EPA Extends GHG Reporting Rule Deadline For Reporting Year 2025
EPA issued a final rule on February 27, 2026, extending the reporting deadline under the Greenhouse Gas (GHG) Reporting Rule for reporting year 2025 from March 31, 2026, to October 30, 2026. 91 Fed. Reg. 9712. EPA notes that the final rule changes only the reporting deadline for annual GHG reports for reporting year 2025 in response to comments received on the proposed rescission of the GHG Reporting Program. EPA “anticipates addressing the remainder of the proposed rule in one or more subsequent final actions.” The rule was effective February 27, 2026.
EPA Proposes To Postpone Compliance Date For CWA Hazardous Substance FRPs
EPA proposed on March 5, 2026, to delay the compliance date for CWA hazardous substance Facility Response Plan (FRP) requirements, as well as to make language modifications to align with the Administration’s climate change and environmental justice policies in Executive Order 14148 of January 20, 2025. 91 Fed. Reg. 10787. According to EPA, these requirements are for “onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a CWA hazardous substance worst case discharge to navigable waters, adjoining shorelines, or the exclusive economic zone.” According to EPA, a delay from June 1, 2027, to June 1, 2030, is necessary to allow it to consider implementation and compliance assistance tools that regulated parties may be able to take advantage of when complying with the new requirements. EPA notes that it “cannot quantify the number, nature, and magnitude of covered discharges that may occur during the proposed rule delay period.” Comments are due April 6, 2026.
EPA Proposes To Amend Hazardous Waste Manifests To Sunset Paper Manifests
On March 5, 2026, EPA proposed regulatory amendments to the hazardous waste manifest regulations to establish a date for sunsetting use of paper manifests in favor of electronic manifests. 91 Fed. Reg. 10862. According to EPA, “[p]hasing out paper manifests would unlock the estimated $28.5 million annual savings through decreased burden to manifest users while also increasing human health and environmental protection through better tracking of hazardous waste and greater transparency for regulators and the public.” The proposed rule also introduces several conforming amendments to existing regulations, including new registration requirements with EPA’s e-Manifest system for RCRA hazardous waste transporters, certain polychlorinated biphenyl (PCB) waste generators, and PCB waste transporters. The proposed rule updates exception reporting requirements for very small quantity generators (VSQG) managing hazardous waste from episodic events, as well as for healthcare facilities and reverse distributors handling hazardous waste pharmaceuticals. It also revises discrepancy reporting requirements for owners and operators of hazardous waste facilities operating under standardized permits. Lastly, the proposed rule includes four technical corrections to the import and export requirements to correct EPA’s mailing address, remove obsolete text, and correct a citation associated with manifest corrections for export shipments. Comments are due May 4, 2026. EPA notes that under the PRA, comments on the information collection provisions are best assured of consideration if OMB receives a copy on or before April 6, 2026.
EPA Will Propose Amendments To NESHAP For Ethylene Oxide Commercial Sterilization Facilities
EPA announced on March 13, 2026, that it will propose amendments to the 2024 National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization Facilities “to ensure consistency with the law and gold standard science.” According to the pre-publication version of the proposed rule, based on its reconsideration of the residual risk and technology review (RTR) in the 2024 final rule, EPA will propose the following amendments to the Commercial Sterilization Facilities NESHAP: rescind the standards promulgated under CAA Section 112(f)(2); revise the standard promogulated under CAA Section 112(d)(6) for new aeration room vents where ethylene oxide use is at least ten tons per year; revise the compliance demonstration requirements to allow facilities to choose between parametric monitoring or using a continuous emission monitoring system; and rescind the requirement that permanent total enclosure (PTE) be used to ensure complete capture of ethylene oxide. The proposed rule will also include technical corrections and clarifications to the Commercial Sterilization Facilities NESHAP and Performance Specification 19 to address erroneous cross-references, omissions of text, and typographical errors in the regulatory text that EPA identified after publication of the final rule. Publication of the proposed rule in the Federal Register will begin a 45-day comment period. EPA will hold a virtual public hearing 15 days after publication in the Federal Register.
EPA Renewing Public-Private Partnership To Advance Gold Standard Science To Protect Water Resources
On March 13, 2026, EPA announced that it is renewing a Cooperative Research and Development Agreement (CRADA) initiated under the first Trump Administration with eight associations representing the aluminum, cobalt, copper, lead, zinc, and nickel industries. According to EPA, this agreement will help ensure that the Agency’s actions related to metals and aquatic life are informed by the best available gold standard science and data. EPA anticipates that the renewed agreement will help generate new data and simplified models that better reflect metal toxicity to fish and other aquatic life. EPA states that this information will be available for external peer review and the Agency’s draft recommendations will be available for public comment. States, Tribes and territories can consider using final criteria in their water quality standards or developing their own site-specific metals criteria based on local water conditions.
FDA Updates Portal For Cosmetic Registrations
On February 11, 2026, the U.S. Food and Drug Administration (FDA) announced updates to its submission portal, user guide, and other materials to assist industry with biennial registration of cosmetic product facilities as required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Updates include new “features displaying facility registration status and renewal date, automated facility registration renewal reminders to registered facilities, and updated facility registration and renewal instructions, including the user guide and tutorial(s).” Additional information is available at FDA’s Cosmetics Direct website.
California Introduces Bill Targeting GRAS In Food Products
On February 17, 2026, the California Legislature introduced bill AB-2034. If enacted, the bill would require manufacturers of packaged food products sold in the state to provide certain information to the California Department of Public Health (CDPH). The bill would deem food additives and ingredients as unsafe if found “to induce cancer” and “would deem a food additive or dietary ingredient as unsafe in food intended for humans with respect to its intended use unless the substance and its intended use meet a specified condition, including, among others, that the substance and its intended use were introduced after January 1, 1958, and are used in accordance with the below-described notice, public listing, and licensing requirements.”
Canada Publishes Nanomaterials Risk Assessment Framework
On March 5, 2026, Environment and Climate Change Canada (ECCC) and Health Canada (HC) published the Framework for the Risk Assessment of Manufactured Nanomaterials under the Canadian Environmental Protection Act, 1999. The document establishes a framework for the risk assessment of nanomaterials under the Canadian Environmental Protection Act, 1999 (CEPA), including both existing nanomaterials on the Domestic Substances List (DSL), and new nanomaterials notified under the New Substances Notification Regulations (Chemicals and Polymers). According to the plain language summary of the framework, the framework discusses in detail the nanomaterial-specific considerations for risk assessment. More information is available in our March 6, 2026, blog item.
BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY
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Public Policy And Regulation Blog®
Our insights on policy developments affecting industrial and agricultural chemicals and the products in which they are included are available at https://www.lawbc.com/brand/publicpolicyblog/.
Bipartisan House Bill Would Prohibit Misleading Claims Regarding Recycled Content
A bipartisan bill (H.R. 7502) introduced in the House on February 11, 2026, would establish federal standards for recycling and recycled-content marketing claims. According to reports, the Recycled Materials Attribution Act would update federal recycling standards to reflect modern technology, protect consumers, and support American manufacturers investing in more sustainable production. The bill would formally recognize advanced and chemical recycling technologies and allow certified mass-balance accounting to verify recycled content. The legislation would direct the Federal Trade Commission (FTC) to update its Guides for the Use of Environmental Claims (Green Guides), which have not been revised since 2012, to reflect current technology and ensure federal guidance is applied consistently.
Senate Committee Examines Draft TSCA Legislation, Focusing On New Chemical Review
The Senate EPW Committee held a hearing on a discussion draft of S.__, the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026 (Discussion Draft) on March 4, 2026. The Committee’s one pager on the Discussion Draft notes that since TSCA was enacted 50 years ago, EPA “approval process for new chemicals has not been substantively improved. The current process is both uncertain and costly, hindering America’s economic competitiveness by discouraging the development and commercialization of new, innovative chemicals.” The bill would make targeted reforms to EPA’s new chemical approval process to establish clear rules to make EPA’s chemical review process safe and efficient; prioritize resources where the science is hardest; make the chemical review process more predictable; and enable key sectors to compete in the global marketplace. A transcript of the hearing is available. A summary of the hearing is available in our March 6, 2026, memorandum.
New Mexico Revises Proposed Labeling Requirements For Second Time; NMEIB Hearing Enters Second Day
Before the New Mexico Environmental Improvement Board (NMEIB) began its hearing on February 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule to implement the Per- and Poly-Fluoroalkyl Substances Protection Act, NMED posted clean and redline versions of a “Rebuttal Proposed New Rule.” The February 2026 revisions state that the label shall include the symbol of an Erlenmeyer flask with the word “PFAS” inside the flask. The label may also include the following words directly adjacent to the flask: “This product is made with PFAS,” “Made with PFAS,” or “Contains PFAS.” The requirement that consumer packaging include the URL for a web page hosted by NMED has been dropped. The draft label released in October 2025 that stated, in English and Spanish, “CAUTION: Associated with environmental impacts and health effects such as cancer” would no longer be required. More information is available in our February 25, 2026… View remainder by clicking here.